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Home My WebLink About04-4379FRANK WIKE, Petitioner VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ACTION NO. ~ y' ~3 NOTICE OF APPEAL Notice is hereby given that Frank Wike, the above named Petitioner, hereby appeals to the Court of Common Pleas of Cumberland County Pennsylvania from the Pennsylvania Department of Transportation Notice of License Recall mailed to Petitioner on the 30th day of July, 2004. ~//I "~!~~~C' Scott A. Stein, Esquire AttomeyNo 81738 3800 Market Street Camp Hill, PA 17011 (717)591-1755 Attorney for Petitioner LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUHtE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717)591-1755 FRANK WIKE, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent Attorney for Pettioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2004 - yJ ~ S CIVIL ACTION -LAW PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORATION SUSPENDING OPERATING PREVELEGE Petitioner Frank Wike, by the undersigned counsel, respectfully petitions the Court pursuant to 75 Pa. Con. Stat. Ann. § 1550 for review of an order of the Department of Transportation suspending petitioner's operating privilege, and in support thereof represents as follows: 1. Petitioner Frank Wike is an adult individual residing at 23 Cedarhurst Lane, Camp Hill, Pennsylvania. 2. Petitioner currently possesses a valid driver's license issued to him on Mazch 9, 2001, which has not heretofore been suspended, cancelled, or revoked. 3. By letter dated July 30, 2004, petitioner was notified in writing the Deparhnent of Transportation of the entry of an order suspending his operating privilege for the following reasons as set forth in the notice: receipt of medical information indicating that he has a Neuropsychiatric Condition which prevents him from safely operating a motor vehicle. A copy of the notice is attached as Exhibit "A". 4. The suspension is improper and unlawful for the following reasons: the medical information submitted by the physician is incorrect. WHEREFORE, petitioner respectfully requests that the Court set this matter down forthwith for de novo hearing pursuant to 75 Pa. Cons. Stat. Ann. § 1550 and that the order of the Department of Transportation be set aside. Respepctfully submitted, ~i~~1`" G~-~~~ Scott A. Stein Attorney for Petitioner Date: .1~ • 3 v - 0Y LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717)591-1755 Attorney for Petitioner FRANK WHO, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2004 - COMMONWEALTH OF C1VII. ACTION -LAW PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent VERIFICATION I, Scott A. Stein, Esquire, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein aze subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~ l 3°! ~~ // -,! ~ • ~.e-~ Scott A. Stein, Esquire FRANK WIKE, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2004 - COMMONWEALTH OF CIVIL ACTION -LAW PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent CERTIFICATE OF SERVICE I, Debra A. Micklo, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by Certified Mail, Return Receipt Requested, Postage Prepaid, and Addressed as Follows: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfront Office Center Harrisburg, PA 17104 "' /~~ ~~. Debra A. M~ckld~y Paralegal Date: ~/ ~~~(~I EXHIBIT ~~A" recallns COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Nlail Date: July 30, 2004 FRANK WIKE POBOX3105 SHIREMANSTOWN PA 17011 Dear Mr. FRANK WIKE: We have received medical information indicating that you have a Neuropsychiah-ic Condition condition which prevents you from safely operating a motor vehicle. As of 09/03/2004, you may no longer drive. Your driving privilege is hereby recalled indefinitely as mandated by Section 1519(c) of the Vehicle Code. This decision has been made by comparing your medical condition with the standards reconunended by our Medical Advisory Board and adopted by this Department. This action will remain in effect until we receive medical information that your condition has improved and you are able to safely operate a motor vehicle. lu order to comply with this action, you must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before the effective date listed above. If you cannot comply with the requirements stated above, a sworn affidavit stating that you are aware of the sanction against your driving privilege must be submitted. When the Department receives your license or affidavit, we will send you a receipt. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Drivet License Center. 1'ou nave the right ro appeal to the Court of Common Pleas (Civil Division) within thirty (30) days of the mail date of this notice. If yogfile an appeal in the County Court, the Court will give you atime-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverhont Office Center Harrisburg, PA 17104 You still must send in your license before the effective date of recall unless you appear in person before a judge and receive an order permitting you to continue diving. If you have any questions or need further information, please contact the Medical Unit, P.O. Box 68682, Harrisburg, PA 17106-3682 or call (717) 787-9662 between the houts of 8:00 a.m. and 4:30 p.m. Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing Driver License #: 06457722 ~\ ~~ ~~~ ~~ ~, c~ -~ M1~ r'J ~ y ~. ^ ~O.('C ~\ V , ~ ~ 1 zr r r{ y. T1 n d~ ~ ~ ~ ~ ~ v mi ~ ~ ~ ~ c7 ~ ~ ~' ~ . i ~„ ~- ~ a o -' -- -.> `< SEP 0 1 2004 FRANK WIKE, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2004 - ~3 7 ~ ~-i~(~~, COMMONWEALTH OF CIVII.. ACTION -LAW PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent ORDER FOR HEARING AND NOW, ~/~/d / ,upon consideration of the petition of Frank Wike, for review of an order of the Department of Transportation suspending petitioner's operating privilege, a hearing de novo is granted to determine whether the action of the Department of Transporation in suspending petitioner's operating privilege should be set aside. Hearing on the above-captioned matter is set for~<'!/. /o a0o`/, at %CTd J .m. in Courtroom `f ,located at the Cumberland County Courthouse, 1 Courthouse Squaze, Cazlisle, County of Cumberland, Commonwealth of Pennsylvania. The petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for hearing on the Department of Transportation at the address shown in the department's notice of entry of order, by certified mail, return receipt requested. ~~ I~ ~.t,~s~ 1~e !'1,~ (~ a T By the ourt/J~ `~ ' I"~' J. \~ ~~ ~ ~l •~~:~J ~ ~ =~`:-11 ~0 - . -~~~;, FRANK WIKE, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-4379 CIVIL CIVIL ACTION -LAW COMMONWEALTH OF PA, DEPT. OF TRANSPORTATION, Respondent ORDER AND NOW, this / o "` day of November, 2004, this matter having been called for hearing, on agreement of the parties, action herein is DEFERRED pending the successful completion by the petitioner of a driver's exam. BY THE COURT, ,~ Kevi A. Hess, 3. v8cott Stein, Esquire For the Petitioner ,fa'~oxge Kabusk, Esquire For PennDOT tt :rlm V ~~ ~ O~ 1` ~ ~~ a __' !" ~ ' ~ ~ ~ ''i °: LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 {717)591-1755 FRANK WIKE, Petitioner v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Respondent Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2004 - 4379 CIVIL ACTION -LAW PRAECIPE TO DISCONTINUE AND WITHDRAW APPEAL TO THE PROTHONOTARY OF SAID COURT: You are hereby requested to mark as discontinued and withdrawn the appeal filed on behalf of the petitioner, Frank Wike. The matter has been resolved by the parties and this action is now moot. Respectfully submitted, S ott A. Stein ~~~~ Attorney for Petitioner Date: 3 9 d _~